REPORTS 

RELATIVE TO 

THE BOUNDARY LINE 

BETWEEN 

MARYLAND AND VIRGINIA. 



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SENATE DOC. No. 21. 



REPORT 

RELATIVE TO 

THE BOUNDARY LINE 

BETWEEN 

MARYLAND AND VIRGINIA. 



JANUARY g, i860. 




RICHMON"D : 

CLEMMITT A JONES, BOOK AND JOB PRINTERS. 

1874. 



4^- 



REPORT. 

City of Washington, Dec. 21, 1859. 

To the Honorable the Legislature of the State of Virginia : 

The undersigned, commissioners upon the question of boundary 
between the States of Maryland and Virginia, in virtue of the authority x?f 
the Acts of Assembly under which they respectively hold their commis- 
sions, beg leave respectfully to report : 

That they met at Washington city on the 18th August, 1858, and made 
the subjoined application (marked A) to the honorable Secretary of War, 
for the services of an officer of the United States engineers to aid them in 
the discharge of their duties. 

That in accordance with this request, the honorable Secretary of War 
kindly and promptly responded, by detailing Lieut. N. Michler, U. S. topo- 
graphical engineers. 

That the commissioners again met, by appointment, at New Creek, Va., 
and, with Lieut. Michler, proceeded thence to the locality of the Fairfax 
stone. 

The spot and stone were easily recognized and identified, Sept., 19th, 
1858, by the commissioners and Lieut. Michler. 

The following gentlemen did them the honor to accompany them, viz : 
James R. Partridge, Esq., Secretary of State of Maryland, Hugh Lennox 
Bond, Esq., of Baltimore, Philip Pendleton, Esq., of Alleghany county, 
Maryland, and John Coneway, the guide. 

This duty performed, the petitioners again met, September 30, when, in 
company with Lieut. Michler, they proceeded to the eastern shore of Mary- 
land and Virginia. 

Whilst at Horn town, Va., the accompanying instructions (marked B and 
C) for commencing the duties entrusted to him, were agreed upon and given 
to Lieut. Michler. 

The commissioners- met again at Baltimore, October 28th, and addressed 
the additional instructions (marked D) to Lieut. Michler. 

The accompanying report and maps of Lieut. Michler show the progress 
of the work up to this date ; and we submit his estimates as the basis of ap- 



propriations for the erection of permanent and prominent monuments to 
mark such boundary lines as said States may concur 'in establishing. 

The commissioners take this opportunity of acknowledging the zeal and 
intelligence of Lieut. Michler, and of returning to him their thanks for the 
able manner in which he has discharged his duties, and recommend a suita- 
ble compensation be made for his services. 

They are also under great obligations to the superintendent of the U. S. 
coast survey, for much valuable information contained in a number of tra- 
cings of manuscripts — maps of the topography in the vicinity of the eastern 
shore boundary. 

ANGUS w. McDonald, 

Commissioner for Virginia. 
THOMAS J. LEE, 

Commissioner for Maryland, 



A 

Washington, Aug. 19th, 1858. 
Sir, 

The undersigned, commissioners for the States of Virginia and Mary- 
land, to retrace and mark the boundary lines between the two States, have 
the honor to request, with the approbation of the Governors of their respect- 
ive States, the assistance of the general Government, and that the colonel of 
the corps of topographical engineers of the United States army be author- 
ized by you to detail an officer of that corps, skilled in astronomy, and fur- 
nished with the necessary instruments, to be placed in charge of the parties 
to be employed upon the above duty. 

It is our desire, should our request be granted, that the officer detailed 
should not be a native or citizen of either of the two States we represent. 

We desire to proceed with the execution of the work as early as prac- 
ticable. 

We have the honor to be, sir, 

Very respectfully, 
(Signed) ANGUS W. McDONALD, 

Commr for Virginia. 

THOS. J._ LEE, 

Commr for Maryland. 
Hon. John B. Floyd, Secretary of War. 



B 

Commission for Tracing the Boundary Lines between Maryland and Virginia. 

HoBNTOWN, Accomac County, Va. 

October 2, 1858. 

Sir, 

The commissioners desire that you proceed at once to obtain, by ac- 
tual survey, as accurately as possible, a plat of the old Scarborough line, 
traced somewhere about the year 1668, from near the mouth of the Poco- 
moke to the sounds near the sea ; and also a continuation of this line, west- 
wardly along and near the north shore of Pocomoke bay, to Tangier sound. 

It is supposed that there is still standing some old marks of the Scarbo- 
rough line, but that nevertheless, where these marks do not exist, a close 
approximation can be had from the limits of the lands of those persons 
owning adjacent to it. 

You will please, therefore, ascertain as you progress, and mark on your 
plat, as nearly as you can, the names of the proprietors on each side of the 
line, with the limits of their tracts adjoining it, noting the parts of the line 
that are now acknowledged and adopted as such, and those parts that may 
be still in doubt. 

It is inferred, from documents in possession of the commissioners, that the 
commission of 1668 did not mark the line west of the Pocomoke, and that, 
in all probability, you will find no marks to guide you. You must therefore 
be governed in the direction of your line westwardly from the Pocomoke to 
Tangier sound, by the main or average direction of the whole line on the 
east side of the river (the line dividing Worcester from Accomac). It is 
equally desirable to note, along this portion of your work, the names of 
the proprietors, and limits on said line of lands of each, with the location of all 
dwellings and improvements adjacent, and also the limits of marsh and firm 
ground, upon the southern side of your line especially. 

As the preliminary step of the commissioners is merely to obtain the best 
local information, you will, to avoid misapprehe^nsion on the part of thosp 
interested, please explain to them the object of your survey. 

The originals of your notes and plat you will for the present retain in 
your possession, subject to the future orders of the commissioners, and trans- 
mit to each of them a certified copy of the plat, with such explanation as 
you deem essential. 

To carry out these instructions, you will be allowed to employ one assist- 
ant (a surveyor and draughtsman) at a compensation of four dollars per day 



6 

for the time lie may be employed, and such number of laborers as you may 
deem necessary, having strict regard to economy in your expenditures. 

You will please submit an estimate of what amount of funds you will re- 
quire for the present. 

"We are, sir, very respectfully, 

A. w. McDonald, 

Comr for Virginia. 
THOMAS J. LEE, 

Com' r for Maryland. 
Lieut. N. Michler, U. S. Top. EngWs. 



Commission for Tracing the Boundary Lines between Maryland and Virginia. 

HoRNTOWN, Accomac County, Va., 

October 4th, 1858. 
Sir, 

At the conclusion of the preliminary examination you are instructed 
to make by our letter of October 2d, you will please proceed to the Fairfax 
stone, at the head of the North Branch of the Potomac, as ascertained and 
identified by us on the 19th September last, and prosecute, as far as the 
season will permit, such astronomical observations as may be requisite to 
determine the direction of a meridianal line from this point to the Pennsyl- 
vania line. 

As it is not probable that the whole of this line could be traced this fall, 
you will for the present confine yourself to the astronomical part merely, 
and to establishing as many distant points along the line as you may deem 
essential, as checks to the surveys in tracing and marking the same. 

For which purpose you are authorized to retain the services of your as- 
sistant, at the same compensation, and to employ such laborers as you may 
require. 

You will please, also, inform us of the probable amount of funds you may 
require for this service. 

We are, sir, very respectfully, 

A. w. McDonald, 

Comrnr for Virginia. 
THOS. J. LEE, 

CommW for Maryland. 
Lt. N. Michler, U. 8. Topo. EngWs. 



D 

Baltimoee, October 28tli, 1858. 
Sir: 

In addition to the instructions contained in our joint letter of 
October 2d, you will please extend your survey to tbat portion of islands in 
Chesapeake bay, through which the Maryland and Virginia boundary is 
supposed to pass, between Watkins' Point and Smith's Point, so as to give 
the commissioners, as nearly as you can, the names of the landholders upon 
each side, with the extent of the lands of each along the line. 

And as it appears that the United States coast survey topography does 
not at present include what is now called the mouth of the Potomac river, 
you will also include that in your surveys. 

By joining these detached surveys with the nearest coast survey trigno- 
metrical point, we will be enabled, with the aid of that triangulation, to 
locate them accurately upon a general map, if necessary. 

ANGUS w. McDonald, 

Coram r on the 'part of Va. 

THOS. J. LEE, 

Commr'for Maryland. 

Mr. Michler will please send each of us accurate copies of the above by 
mail. 

A. w. McDonald. 

Lt. N. Michler, 

TJ. /S. Topo. Engrs. 



LIEUT. MICHLER'S REPORT. 

Maryland and Virginia Boundary Survey Oefice, 

Washington, D. C, December 20, 1859. 
Gentlemen, 

Agreeably to orders from the War department, dated Adju- 
tant General's Office, Washington, August 20th, 1858, I had the honor of 
being assigned, in accordance with your request, to the special service of 
assisting you in tracing and marking the boundary lines between your re- 
spective States, Maryland and Virginia. Copies of said orders were en- 
oloBed to each of you, by letters addressed you on the 27th of August, 1858. 



8 

I now have tte pleasure, in pursuance of the several instructions since 
received from you, and in compliance with your wishes, as expressed in the 
different conferences held upon the subject, of submitting to you a report of 
the progress made of the survey under my charge, comprising the labor on 
the ground, and the subsequent mapping of certain portions of the field 
notes ; and also to call your attention to such matters as remain to be at- 
tended to in order to render the work complete. 

In the accompanying Appendix will be found copies of each and all the 
several official communications which have passed between us, including both 
instructions, reports and estimates ; also a copy of the original grant made 
to the baron of Baltimore, defining the confines of the lands constituting the 
old colony of Maryland ; the agreement of the commissioners of 1668 ; and 
also a copy of an extract from the records of the Virginia Land office, de- 
fining the position of the locality designated Smith's Point, at the mouth of 
the Potomac river — all arranged in the order of their respective dates. 

On the 19th of September, 1858, by invitation of the commissioners, I 
visited, in company with several other gentlemen, the head springs of the 
north branch of the Potomac, to ascertain the position of, and identify 
" Fairfax stone," planted near said springs by the commissioners appointed 
to fix the limits of the immense tract granted Lord Fairfax, between the 
Rappahannock and the Potomac. Upon finding it, I was directed to assume 
it as the initial point of the western meridianal line, which subsequently the 
commissioners requested me to trace. 

Again, during the latter part of the same month, and the first days of 
October, I accompanied the commissioners to the Eastern shore of Maryland 
and Virginia, to ascertain the existence and nature of any marks along the 
boundary line between Smith's Point, at the mouth of the Potomac and the 
Atlantic ocean, stretching across the Chesapeake bay and the peninsula of 
the Eastern shore. 

The result of these examinations was the reception of the joint instruc- 
tions of the commissioners, dated severally on the 2nd, 4th and 28th of Oc- 
tober, 1858, and which I successively proceeded to comply with at such pe- 
riods of time as circumstances would permit. 

My attention was first drawn to that section of the boundary line between 
the States, referred to in the charter from the English crown to Cacilius, 
baron of Baltimore, of which the following is an extract : 

"All that part of the peninsula, or chersonese, lying in the parts of Ame- 
rica, between the ocean on the east, and the bay of Chesapeake on the west, 
divided from the residue thereof by a right line, drawn from the promontory) 
or head land, called Watkins' Point, situate upon the bay aforesaid, near the 
river of Wighco on the west, unto the main ocean on the east." 

The Watkins' Point here referred to was designated by the commissioners, 
Philip Calvert, chancellor of the colony of Maryland, and Edmund Scar- 
borough, surveyor general of the colony of Virginia, in certain articles of 



agreement, drawn up and signed by them, June 25th, 1668, after discharging 
their duties, as " the point of land made by the north side of Pocomoke bay 
and the south side of Annamessex bay." At the same time the divisional 
line between the two colonies was described to be, an east line ran with the 
" extremest part of the westernmost angle of said Watkins' Point over Poco- 
moke river, and thence over Swansecute's creek, unto the marsh of the sea- 
side, with apparent marks and boundaries." 

Your instructions of the 2d of October, 1858, desired me to proceed at 
once to obtain, by actual survey, as accurately as possible, a plot of the old 
Scarborough line, traced somewhere about the year 1668, from near the 
mouth of the Pocomoke to the sounds near the sea, and also a continuation 
of this line westwardly along and near the north shore of Pokomoke bay to 
Tangier sound." 

In accordance with these instructions, I proceeded to Horntown, Accomac 
county, Virginia, south of and within a few miles of the line now recognized 
as the boundary by those residing along and near it, and on the 29th of No- 
vember commenced the duties assigned me. My party consisted of one as- 
sistant surveyor, Mr. John de la Camp, and five men, employed as chain- 
men, rodmen and instrument bearers. At first considerable delay was ex- 
perienced in consequence of the frequent rains, which prevented the party 
from taking the field, but subsequently the weather proved very favorable 
and propitious for the survey. The instruments used during the execution 
of this portion of the work, comprised a very excellent Brunner theodolite 
for obtaining all horizontal angles, and a steel chain of fifty feet in length 
for measuring distances. To test the accuracy of these measurements, angles 
were frequently taken from the several successive stations to some one promi- 
nent object, visible from each; or, where this could not be done, the same 
common points would be connected by different surveys along the several 
roads between them, each being a verification of the other. It was impossi- 
ble to triangulate across the peninsula, owing to the extremely level nature 
of the country, and being heavily timbered with pine ; the expense of cut- 
ting the numerous lines of sight and of building stands for the instruments, 
to say nothing of the great loss of time, was not warranted by the nature of 
the work. It is well known to the honorable commissioner from Maryland, 
that on a previous examination made by himself, when on duty connected 
with the United States coast survey, that a not very favorable report 
was made by him as to the practicability of connecting the triangulations 
on the Atlantic coast with that down the Chesapeake bay, across or in the 
neighborhood of this very belt of country. The survey was also checked by 
connecting it both on the Atlantic coast, and on the shores of Pocomoke bay, 
Tangier sound and Chesapeake bay, with many stations of the United States 
coast survey triangulation. This connection is particularly advantageous in 
enabling the results of the recent survey to be laid down accurately upon 
any general maps of the two States, should it be desirable to do eo at any 



10 

future time. With a small Schmaloalder compass, numerous reconnoisances 
of roads and lanes and trails were made adjacent to the main work. For 
the sake of general information, these are laid down in connection with the 
more accurate survey along the line. In order to unite the present line with 
some permanent, fixed place, as a point of reference, the survey was com- 
menced in the principal street of the town of Horntown. It is also con- 
nected with other well known localities — as New Church, Wagram, Pitt's 
wharf and Shelltown. An accurate plot of Horntown, as it appeared on 
the 29th of November, 1858, is one of the results of our labors. From this 
initial point the line of survey was carried along the State road leading to 
Snowhill, as far as its intersection with what the citizens of the two States, 
residing in the neighborhood, now recognize as the boundary line ; thence it 
continued towards the east, along or near this line, to the shore line of the 
marsh near Chincoteague bay. Afterwards it was resumed at the point of 
intersection with the State road, and a line run westwardly and continu- 
ously along and near the designated boundary to the Pocomoke river. 
Having ascertained from these surveys the general direction of the marked 
line between Chincoteague bay and the Pocomoke river, this course was pre- 
served in the survey made beyond this last river, as far as the shore line of 
Jane's island, bordering on Tangier sound, only deviating from it when com- 
pelled by the nature of the country. 

In explanation of the manner in which the work was executed, I must 
say that no one direction or course was assumed and run, but that the sur- 
vey was made along the roads and lanes most convenient to and on either 
side of the reputed boundary, and at no great distance from it. Sometimes, 
however, when necessary and expedient, it ran across fields or through 
woods. This was done to expedite matters as much as possible, as it fre- 
quently did away with the necessity, and the consequent labor and loss of 
time, of cutting long lines of sights through pine woods, when existing roads 
not only wind round or through them, but necessarily lead near the more 
settled portions of the country. From the main line ofisets were made to 
or, as more frequently happened, the survey passed immediately by such 
points of local interest as were acknowledged by parties in both States as 
old boundary marks. Some of these marks consisted of old blazed trees — 
such as oak, hickory, gum, cherry, persimmon, mulberry and sycamore. 
Near every point of intersection of the boundary line with the roads leading 
from Virginia into Maryland, the neighbors point out some immense oak, 
with its huge, wide-spread branches, venerable with age, which has become 
celebrated the country round, as " the marriage tree." Under the shade of 
these trees, the most noted of all the boundary marks, and just across the 
line, youthful couples go to be united in holy wedlock — fleeing from the 
wrath of parents, or from the stringency of the marital laws, or perhaps for 
the mere pleasure and excitement, ihey run away from home to commit an 
act, of which many live to repent when too late. 



11 

Other marks of the line are to be found in either country roads or lanes, 
or in divisional fences between the neighboring farms, or in gates, or some- 
times in houses, known and admitted to be such by all persons, irrespective 
of state — the localities being handed down from one generation to another, 
and their history being recorded in the memories of the oldest inhabitants. 

Nor was there any trouble in ascertaining their position. Either interest 
as to the correctness of the line, or curiosity to examine the instruments, or 
to see what was being done ; or, as frequently happened, the mere want of 
something else to do, or sometimes promptings of mere kindliness of heart, 
disposed many persons to offer every assistance in their power, and induced 
them to accompany the party for miles on their way, to impart such infor- 
mation as was desirable, and the obtainance of which might otherwise have 
occupied a great deal of time not easily spared. Along the whole length of 
the line between Chincoteague bay and the Pocomoke river, a distance of 
between eighteen and nineteen miles, there were existing of such marks, at 
the time of the survey, thirty trees ; one gate ; the site of the ruins of an 
old house, standing at the time the Scarborough line was run ; two State 
roads, located on the line, measuring nearly 10,800 feet — making, in all, an 
average of one mark for every half mile. At the end of each day, a rough 
field plot was made of the work done, and on reaching the Pocomoke these 
marks, when laid down on the map, were found to be nearly on the same 
straight line. The general direction of this furnished the course, as has been 
previously stated, of the survey west of that river. 

The instrumental stations of the boundary survey, near the Atlantic ter- 
minus, were connected with one of the secondary trigonometrical points of 
the United States coast survey at Snead's house, and also with several minor 
localities, such as signals, houses, barns, fences, roads and shore lines, as laid 
down by their plane table parties, thus making a great many points in com- 
mon between the two works. In the prolongation of the li>e westwardly 
along and near the north shore of Pocomoke bay to Tangier sound, several 
of the coast survey signals, those of the secondary triangulation connected 
with the primary one on the Chesapeake bay, came successively in range of 
our instruments at different points. They are called Marumsco, Watkins' 
Point, Jane's Island and Horse Hammock, on Smith's islands. As on the 
Atlantic coast, a great many other points were made common to both 
surveys. 

Along the line of the'entire survey, as desired in your instructions, "the 
names of the proprietors" "on each side of the line" were accurately ascer- 
tained, "with the limits of their tracts adjoining it." At the same time, 
" the parts of the line that are now acknowledged and adopted as such, and 
those parts that may be still in doubt," were noted. In addition to the 
above, the locations of all dwellings and improvements adjacent, together 
with their exact horizontal dimensions and relative positions, are established; 
and alec the limits of marsh and firm ground, including the character of the 



12 

latter, whether cultivated or wooded. A survey of the Pocomoke river, from 
the point where the line touches it down to its mouth, was also made. Your 
additional instructions of October 28th, 1858, called upon me to extend my 
survey " to that portion of islands in Chesapeake bay through which the Mary- 
land and Virginia boundary is supposed to pass, between Watkins' Point and 
Smith's Point, at the mouth of the Potomac." Although two different ef- 
forts to reach Smith's islands proved unsuccessful, in consequence of the 
high winds on the Chesapeake, and the extreme cold weather at the time^ 
greatly interfering with all field work ; stiir, from the few angles taken on 
Jane's island to different points on the former, with the assistance of the 
coast survey sheets, and such information as was gained from the neighbor- 
ing inhabitants, I am able to furnish the information desired by you in your 
instructions. 

The field work of the Eastern Shore section of the survey having been 
completed, my party returned to Washington on the 1st of December, 1858. 
The ofl5ce duties, in connection with the mapping of the field notes, com- 
menced at once, and were continued, without interruption, until the first of 
the following June, 1859. Preparations were then made to take the field 
again, in order to trace and mark the western meridian line through Fairfax 
stone. During this term of office work, seventeen sheets of maps were con- 
structed. Fifteen of these, on a scale of 1-5000, represent topographical 
features of the country surveyed, drawn in very minute detail — setting forth 
all the facts and information gained during the field operations, as explained 
in the previous pages of this report; The figures in red ink denote the 
numbers of the stations occupied by the instrument in the survey. They 
are useful in exhibiting the relative position of the present line to the dif- 
ferent landed estates along it, showing also their limits, their character, and 
the names of the proprietors. They will also serve as guides in the retracing 
and remarking of the line, should it be deemed advisable to do it, and now 
stand as lasting monuments to the exact locality of the line, as it is now 
known. Two of these drawings, on a smaller scale of 1-32000, are general 
maps of the whole line, compiled from the detailed sheets, and also in part 
from the United States coast survey charts. These latter were kindly placed 
at my disposal by the officers in charge of the office directing those surveys. 
By inspection of these maps, the whole subject of the Eastern Shore section 
of the survey becomes elucidated. It will be seen, by an examination of the 
first sheet, that the full straight line drawn in red ink between the Chinco- 
teague bay and the Pocomoke river, starting from this river, and running 
"thence over Swansecute creek unto the marsh of the sea-side," passes 
through, or very nearly so, all the boundary marks, as laid down from the 
plot of the field notes, and represented on the maps by asterisks. Two only 
of the marks are at any distance from this straight line, and there not more 
than three hundred and fifty feet. This shows that the line originally traced 
and marked by Scarborough and Calvert was very well executed, consider- 



13 

ing the inaccuracy of the instruments used in those days. The azimuth, or 
direction of this line was 5° 15' north of east at the time of the recent sur- 
vey, in November, 1858. From a long series of magnetic observations, made 
by the United States coast survey, the annual change in the variation of the 
magnetic needle has been nicely determined. Computing the amount of this 
change, which has taken place during the last one hundred and ninety years, 
and combining it with the actual variation, as obtained at Snead's house, a 
coast survey station, it will be found that, at the time Scarborough and Cal- 
vert first ran the line, in 1568, the variation of the needle must have been 
nearly, if not quite, 5° 15' north of east. This shows that the direction of 
the line then marked by the commissioners was due magnetic east, and that 
in all probability it was run with a compass, without allowing for any varia- 
tion of the needle. 

The second sheet of the general map exhibits the fact that the line be- 
tween Chincoteague bay and the Pocomoke river, run " with apparent marks 
and boundaries," when prolonged across the latter river, and along and 
near the north shore of Pocomoke bay to Tangier sound, represented on the 
second drawing by a broken red line, reaches the sound at the westernmost 
point of Jane's island, about 500 feet south of the coast survey signal planted 
on the same island. No boundary line marks of any kind were found 
west of the Pocomoke, and the inhabitants professed to be in ignorance of 
the existence of any. Assuming Watkins' Point to be a peninsula or neck 
of land, such as North Point, near Baltimore, or Smith's Point, at the mouth 
of the Potomac, and not a mere mathematical point, I think the results of 
the recent surveys clearly prove its position, as defined by the commissioners, 
Scarborough and Calvert, namely, " the point of land made by the north 
side of Pocomoke bay and the south side of Annamessex bay ;" or that neck 
of land now known as " Little Annamessex." The name of "Annamessex 
bay" does not now exist on any of the recent maps. However, there can be 
but little doubt that the mouth of the Big Annamessex river, so much resem- 
bling an inland bay, may have once given rise to the name. Although the 
angle of this point of land, where the land now strikes the sound, is even at 
this day the most western one, still many years ago the land made out into 
the sound a much greater distance. Jane's island is said by Captain John 
Nelson, aged 72 years, to have extended, within his recollection, to the present 
position of the Light ship, now anchored about a mile and a half out from 
the present shore line. Stumps of trees are said to exist in the marshes and 
in the water between the main land and Watt's island, showing that it pro- 
bably was once one continuous neck of land as far south as that island. On 
the second sheet is also found a map of Smith's islands, the southern ex- 
tremities of which have always been acknowledged to be within the juris- 
diction of Virginia. With the exception of four or five acres of firm ground, 
mere sites for rude fishermen's huts, the other portions of these islands, south 
of what is considered the boundary line from Smith's Point to Watkins' 



14 

Point, across tlie Chesapeake bay, consists of salt marshes. Drawing the 
line from Smith's Point, at the mouth of the Potomac, the locality described 
in the grant of land from Sir William Berkeley to Samuel Smith, dated the 
18th of March, 1650, across Smith's islands, at or near the point where said 
line is said to pass, it will be seen that it intersects the prolongation of the 
Scarborough line, very near the anchorage of the Light ship, and where for- 
merly existed the shore line. This point of intersection must be very nearly 
the position of the initial point, " the westernmost angle of Watkins' Point," 
from which the old Scarborough line was originally run. The coincidence 
between the relative positions of these lines, and the facts concerning them> 
is very remarkable. A map of the line across Chesapeake is drawn on a 
scale of 1-128,000, and is found on the second sheet of the general map. It 
is also seen on the same map, that the land lying south of the prolonged 
or broken line, is principally marsh — the area of the firm land, south of it 
and west of the Pocomoke, not exceeding eight square miles. This portion 
of the country, including tne different necks of land known as Pocomoke, 
Marumsco and Little Annamessex, is now considered to be in the county of 
Somerset and State of Maryland — the people paying taxes and placing them- 
selves under the jurisdiction of that State. East of the Pocomoke, however, 
the marked line is really the divisional one between the two States of Mary- 
land and Virginia, separating Worcester county in the one State, from Ac- 
comac county in the other. It is so recognized by those living in peaceful 
possession of property on both sides of it. This portion, in several instances* 
forms the limits of lands between proprietors claiming possession by origi- 
nal patents derived from one or the other of the respective States — these 
patents calling for the boundary line as the divisional line between adjoining 
tracts, as near as could be ascertained by enquiry, the following list of land- 
holders possess such patents, viz : 

From Maryland. From Virginia. 

Mrs. Elizabeth Mason. William Rowley. 

Mr. Esa Boston. Mrs. Elizabeth Taylor, 

" Henry Pope. Capt. James Chapman. 

" " " Mrs. Louisa Jane Dennis. 

Major Guy Holland. " " " " 

" " " Mrs. Elizabeth Seymour. 

Mr. James Payne. Mr. William Aydelott. 
" Alfred Pilcher (lane between). " John Brittingham. 

The lands of James Aydelott, Thomas Marshall, John Whelton, Solomon 
Marshall and Samuel T. Ball, call for one common trunk of a tree, a line 
mark, situated in the marsh between the farms of James Aydelott and Sam- 
uel T. Ball. This list may be erroneous and incomplete in some respects, as 
I had no access to the plots of the survey of the two counties. 

The following is a list of land proprietors along the marked line between 
Chincoteague bay and the Pocomoke river, and its prolongation to Tangier 



15 



sound. The heavy line indicates when the boundary line is the divisional 
line between adjacent farms. When a name crosses it, the proprietor owns 
land in both States : 



Maryland side. 
Mrs. Elizabeth Mason. 

Mr. Broughton. 

Esa Boston (in Newtown). 

Henry Pope. 

Major Guy Holland. 

Mrs. Elizabeth Taylor. 



Virginia side. 
William Rowley. 
Mrs. Tabitha Tull 
Henry Clay Lindsey. 
Mrs. Elizabeth Taylor. 
Capt. James Chapman. 
Mrs. Louisa Jane Dennis. 

Mrs. Elizabeth Seymour. 



Dr. Pitt. • 
Gideon Tull. 



James Payne. 



Samuel Ball. 
John Mills. 



Samuel Davis. 



Aired Pilcher. 

Dennis' mill pond at Wagram 



Crossing Swansecute creek : 

Alfred Selby. 

John Silverthorn. 
William Aydelott 

James Aydelott. 

Thomas Marshall. 
John Whelton 

Solomon Marshall. 
Mrs. Harriet Tull. 

I TuU's mill 
Thomas Hargis (Melville's farm). 

John Brittingham. 
Thomas Slocumb. 
Irvin Merrill. 
Mrs. L. T. Dennis' saw and grist 
mill. 
Mrs. Louisa Jane Dennis. 
Benjamin Tull. 
Mrs. Elizabeth Merrill. 

After crossing Pocomoke river, the following is a list of proprietors along 
and in the neighborhood of the line of survey : 

John Melbourne. 

Mrs. Sarah Ann Broughton. 

S. S. Hoggs. 

Isaac T. Marshall. 
James S. Revell. * James S. Revell. 

Willianl Adams. 
Daniel Boston. 
Mrs. Susan Bell. 
Stephen Coulbourne. 
Capt. James Adams. 
Robert Price's heirs. 
Richard Davis. 



16 



(Crossing Marumsko creek.) 
Samuel Thomas Adams. James Revell. 

James Sanberson. 

Henry Connor (crossing East creek). 
James Bedsworth. 

! Doubtful whether 
tenants or owners. 

Benjamin Lankford. 



John Morris, 
John Ward, 
Lorenzo Melbourne. 



Henry Whittington. 
Charles Bell. 
John Bell. 



Isaac Horsey. 
Benjamin Macready. 
George S. Handy. 
William Handy. 



James Horsey. 
Edgar Horsey. 
Mrs. Hennie Horsey. 



Henry S. Handy. 



(Crossing Ape's Hole Creek.) 
Lorenzo Daw Lawson. 
Mrs. Elizabeth Hickman. 



Samuel Danik. 
Josiah Sterling. 

Abraham Somers. 
Benjamin Somers. 
John Riggings, 
Albert Horsey. 
Mrs. Grace Sterling. 



Richard Sterling. 

William Moore. 
William Henderson. 
Mrs. Millie Davy. 
Shedrik Sterling. 



Jason Riggings. 
Benjamin Somers. 
David Sterling. 

John Somers. 
(Somer's Cove.) 

T . T 1 J f Riggings & Somers' 
- J ane s Island. < °° M, x 
( (btone.) 



James Faws. 

Michael Somers, 
George Evans, 
Severn Evans, 
Benjamin Thomas. 

By examining the detailed maps, Nos. 13, 14 and 15, it will be seen that 
the neck called " Little Annamessex," is very thickly settled, presenting 
more the appearance of an extended village. The inhabitants are mostly of 
a seafaring character. Besides the small amount of farming done by them, 
their chief occupation seems to be on the water, either fishing, oystering, or 
in carrying cargoes of potatoes, oysters and other commodities to the Balti- 
more market, or other ports on the bay. 

Although only occupied in the field during the month of November, 1858, 
a good portion of which time was either very wet or extremely cold, still I 
am able to report that, in this time the party surveyed over 41 miles of 
roads, and measured 1,016 angles with the Brunner theodolite, at the 
same time locating all the lands and dwellings along the line of survey. 



17 

The following is a list of the direct distances along the line from the At- 
lantic coast to Smith's Point, at the mouth of the Potomac : 

From the Atlantic coast to west shore of Chincoteague bay, 7.23 miles. 
From west shore of Chincoteague bay to east bank of Pocomoke 

river, ig.Ql « 

From east bank of Pocomoke river to Jane's Island coast, - 14.98 " 
From Jane's Island coast to Smith's Point (mouth of Potomac), 19.32 ". 



Total distance, - . - . 60.44 miles. 

Before closing the report relating to the survey on the eastern shore of 
Maryland, and in order that it may not be necessary to refer to the matter 
again, I now take the pleasure of stating that all the original maps both de- 
tailed and general, have been constructed and drawn under my direction, 
by my assistant, Mr. John de la Camp, to whom I would respectfully call 
the attention of the honorable commissioners, for the very able and beau- 
tiful style in which he has performed this duty, as well as the energetic man- 
ner in which he assisted me whilst prosecuting the field labors. While 
absent during the last summer, engaged in tracing and marking the western 
meridian line, the office duties were continued and the duplicates of the de- 
tailed sheet were drawn. In the course of a few weeks I hope to be able 
to inform you of the completion of both detailed and general maps in du- 
plicate. A set of these maps is intended for each State. As they are not 
yet entirely complete, I would respectfully submit them at present to the 
commissioners for their inspection, requesting, however, that they may be 
returned to this office for final completion, at their very earliest convenience. 

Your instructions, gentlemen, of October 4th, 1858, contain the following 
extract : 

" At the conclusion of the preliminary examinations you are instructed 
to make by our letter of October 2d, you will please proceed to the Fairfax 
stone, at the head of the North Branch of the Potomac, as ascertained and 
identified by us on the 19th of September last, and prosecute, as far as the 
season will permit, such astronomical observations as may be requisite to 
determine the direction of a meridianal line from this point to the Pennsyl- 
vania line." 

As the season was already advanced into winter before my party re- 
turned from the survey on the eastern shore, and the meridianal line being 
located on the top of the Alleghany mountains, the weather would not per- 
mit me to take the field again until the month of June of this year. Pre- 
vious to doing so, I had the honor to submit to you an estimate for funds to 
enable me to prosecute the tracing and marking of the line. On the 5th of 
June my party left Washington lor Oakland, Alleghany county, Maryland, 
3 



18 

the most available point to the scene of our labors. At this place my ar- 
rangements, such as the purchase of supplies and camp equipage, were made 
preparatory to establishing my first camp. The instruments used on the 
work were again furnished me by the bureau of topographical engineers, and 
consisted of a large portable astronomical transit, a zenith telescope, a sextant 
and artificial horizon, two theodolites, three surveyor's compasses, with 
chains and pins, two cistern barometers, one sidereal and two mean solar 
box chronometers, together with other necessary articles appertaining to 
such surveys. In consequence of the more varied and laborious nature of 
this duty, my party, this season, had increased numbers. It consisted of one 
principal surveyor, Mr. John de la Camp ; one computer, Mr. Louis Daser ; 
one guide, five men as instrument bearers, rodmen and chainmen ; one at- 
tendant on observatory ; from five to ten axe-men, according to circum- 
stances, and one cook. The transportation of instruments, provisions and 
camp equipage from Oakland to Arnold's farm, the nearest and most ac- 
cessible spot to the initial point for wagons, and the subsequent packing 
them on the backs of the men, for nearly a mile up and down steep faces of 
the mountain, was attended with considerable labor and difiiculty. Neither 
on this, the first moving, nor on any subsequent occasion, when changing 
from camp to camp, was the trouble and anxiety light, in consequence either 
of the absence of or the impassable condition of the roads of the country, 
or the constant dread of some accident happening to the delicate parts of 
the instruments. Any false step or neglect might have delayed the work for 
a long time, before they could be repaired or replaced by others. 

The party reached the head springs of the north branch of the Potomac 
on the 17th of June. To avoid the porterage over the mountain of tents 
and their appurtenances, very convenient and commodious huts were built 
for shelter at night and from rain. This camp was a most beautiful one, 
surrounded by immense forest trees of every variety, peculiar to the Alle- 
ghanies, forming the densest and most delightful shade, supplied from 
springs of the most deliciously cool water, and furnished with every desira- 
ble comfort — sometimes even delicacies, in the shape of game — the life was 
truly a very agreeable one. The occasional visits from friends formed plea- 
sant episodes, and made the time pass most delightfully. The view from it 
was but limited, as the massive growth forbid any far penetration of sight. 
The initial point of the work, the oft mentioned, oft spoken of " Fairfax 
Stone," stands on a spot encircled by several small streams flowing from the 
springs about it. It consists of a rough piece of sandstone, indifferent and 
friable, planted to the depth of a few feet in the ground, and rising a foot 
or more above the surface. Shapeless in form, it would scarce attract the 
attention of the passer by. The finding of it was without difiiculiy, and its 
recognition and identification, by the inscription " Ffx," now almost oblit- 
erated by the corroding action of Water and air. In order not to disturb the 



19 

stone, the first observatory was built immediately in rear of it. The instru- 
ment used in ascertaining the direction of the line at the first principal 
station, the middle point of the Fairfax Stone, was a large portable astro- 
nomical transit by Wurdemann, employed in connection with a sidereal 
chronometer. It was placed in position on the meridian, by the method of 
high and low stars. An open cut was then made through the timber, vary- 
ing from twenty to twenty- five feet, so as to give a clear line of sight to the 
next highest point to the north, on the top of the ridge on the backbone of 
the Alleghanies. When brought into the field of view of the instrument, a 
signal was placed on the ridge in the direction of the line, by means of gun- 
powder flashes at night, the distance being too great to direct the movements 
of a flag by day. Thus the position of the second principal station was 
established. Any intermedi^ate points on low intervening ridges, visible 
from the instrument, were then marked without disturbing its posi- 
tion. The low valleys of flats between said points were afterwards run and 
cut out by prolonging the direction with a small theodolite. To give sta- 
bility to the transit whenever used, it was always set up upon stone piers, 
built of the best material at hand. The stones were rudely dressed, and 
sunk some three feet into the earth. Upon removing the instrument from 
the first principal station, a monument of stone was erected to mark the spot 
where it stood. It was then carried to the second principal station — the 
same work gone through with as at Fairfax Stone. By sighting back to the 
first monument the transit was at once placed in position on the meridian ; 
and observations on high and low stars verified the accuracy of the line. 
The same process was gone through with at every succeeding transit station. 
The point on the backbone of the mountains is well marked by nature, as it 
stands on a sharp ridge, and within a few feeet of its highest point. The 
view from this point was most extensive and magnificent. The eye could 
look for miles in every direction. The valleys of the Cheat, the Blackwater, 
the Potomac and the Youghiogney rivers, all could be traced early in the 
morning or late at evening, by the white lines of delicate fog rising up from 
the water. To the south lay impenetrable forests, whilst to the north farms 
and glades were spead out before the admiring gaze. A visit to this station, 
not far from the head springs of the Youghiogheny, is well worth the trou- 
ble of the traveler. 

From this the third principal station was established on Lauer hill, be- 
sides several others on the low ridges between. The position is not a very 
high one, and much more accessible than the rest. Between these two the 
line intersects the Horse Shoe Run road and the Northwest turnpike. The 
fourth principal station was on the top of Snaggy mountain. Before reach- 
ing it, the line crosses the Baltimore and Ohio railroad. From the top of 
this mountain another very extended landscape is presented to the eye. 

This is truly the most important of all the stations along the line, as from 



20 

it you can overlook with the transit nearly the entire length of the merid- 
ianal line. It is also a well marked position by nature, in consequence of 
its great altitude and the small area of its summit. From the fact of the 
line passing immediately over the highest point, it becomes a prominent land- 
mark. 

The fifth principal transit station is on Fike's hill, a spur of Briarry 
mountain. It is but a few miles to the north of the village of Cranesville, 
the line passing only a short distance to the east of that place. From this 
station the meridian marks were established by flashes on Evans' hill and 
Sickles' hill, to the north — the latter a mile south of Mason and Dixon's 
line, the southern boundary of Pennsylvania. 

This last distance, like all the intermediate ones between the principal sta- 
tions, was run with the Brunner theodolite. It was impossible to see the 
point of intersection of the meridian and Pennsylvania lines from the last 
transit station, owing to its low position. Mason and Dixon's line is here 
marked by stakes, surrounded by heaps of loose stones, one mile apart 
from each other. By tracing the line between these marks, its juncture with 
the meridian was determined. This terminating point is alongside of the 
turnpike leading from Cranberry summit, on the Baltimore and Ohio railroad, 
to Smythfield, in Pennsylvania, and within a few feet of where the road 
crosses the boundary of the last State. Its position is therefore easily found. A 
monument of cut stone designates the spot. Each of the principal stations 
and also the intersection of the line with the Northwest turnpike and the 
railroad, are marked in the same way. The total length of the western me- 
ridian is about 37 miles. With the exception of a few miles along the entire 
distance, a broad, open cut from twenty to forty feet through a heavily tim- 
bered country has been made, which will serve to mark it for many years to 
come. The gap varies in width according to the size of the timber, and de- 
pends much upon the overhanging branches. The trees were felled outward 
from the line, and a sufficiently broad opening made to prevent the limbs 
from interfering with an open vista through its length. Within 4,132 feet 
north of Fairfax stone, the line crosses the north branch of the Potomac, the 
stream making a bend to the west and north from the springs, before assum- 
ing its general course towards the east. It has a narrow sheet of water there 
twenty feet from bank to bank, running through laurel swamps. This point 
was marked by planting a heavy stake. The meridian, starting from one of 
the highest points of the Alleghanies, has been traced north to the Pennsyl- 
vania line over the tops of some of the roughest and most inaccessible por- 
tions of those mountains. It passes over ridges and glades, and the narrow 
and pent up valleys of several mountain streams flowing both to the east and 
to the west, and occasionally through some open field. There were very few 
clearings along it. In the first place, the country does not become very 



21 

thickly settled until north of the railroad ; and in the second place, many 
portions of the lands along it are so indifferently poor, that as long as so much 
better is to be found, but" little inducement is offered to settle there. 

Again, as so much doubt existed among the inhabitants as to the true po- 
sition of the line, many were deterred from making any improvements along 
it. The meridian as traced by me last summer, differs from all previous lines 
run ; some varying too far to the east, others too far to the west. The oldest 
one, and that generally adopted by the inhabitants as the boundary line, 
passes to the east ; and from measurements made to it, I found that it was 
not very correctly run. The surveyor's compass was used for the purpose, 
and some incorrect variation of the needle allowed. Owing to the thick and 
heavy growth of timber, it is utterly impossible to run a straight line cor- 
rectly through it, without first opening a line of sight. It could only be ap- 
proximately done. 

When north of the railroad, and the nearer the Pennsylvania line is ap- 
proached, the settlements and farms become more numerous; and if the meri- 
dian line is adopted as the boundary, it will cause great litigation, as the 
patents of most of the lands call for the boundary as their limits. On 
the Pennsylvania boundary the new line is about three-quarters of a mile 
west of the old; on the railroad, feet; at Weill's field, 85 feet; on the 
Northwest turnpike, about 40 feet; and on the Backbone, about 20 feet. The 
meridian was traced by me, with the assistance of Mr. L. Daser. At all the 
principal stations, astronomical observations on north and south stars were 
made with a Gamby sextant and artificial horizon for latitude ; and also a 
series of barometrical readings, taken with Green's cistern barometers at 
many points. These last were often interrupted, however, and no connected 
or continuous set obtained, owing to the necessity of myself and assist- 
ant absenting ourselves from camp, either to establish distant signals or to 
superintend the cutting out of the line. The necessary computations for 
getting the heights of the different mountain points have not yet been 
made, but a profile of the line will be furnished in connection with the 
maps of the western meridian, whenever authority is granted me to make 
them. The latitudes have already been completed. Observations with the 
transit upon the moon and moon culminating stars, to obtain the longitude 
of the line, during parts of three successive lunations, were also made, but 
the results have not yet been computed. 

At the same time that I was engaged in tracing and marking the meridian, 
other field operations were being conducted by my principal assistant sur- 
veyor, Mr. de la Camp. I had placed him in charge of a party to survey all 
the roads, streams, trails and lands in the neighborhood of the line, and also 
to sketch in all the general topographical features of the country. In running 
his line of surveys, he at the same time measured with the vertical circle of 



22 

the theodolite the angles of elevation and depression of the different courses, 
so that a true representation of the character of those mountainous regions 
can be given on the maps. This system of leveling, combined with the lines 
of levels run along the track of the Baltimore and Ohio railroad; and the 
barometrical measurements, made at the principal stations, will furnish a 
great deal of useful information — supplying the elevations above the level of 
the sea, of many interesting local points along and in the neighborhood of 
the line. These surveys were conducted as far as the monument erected on 
the railroad, although still some incomplete work remains to be attended to 
south of it. The belt of country beneath the railroad and the Pennsylvania 
line has also still to be surveyed along the line. The lateness of the season 
would not have permitted the completion of this work, even if the necessary 
funds had been available at the time. The distances along the line were 
also measured between Fairfax Stone and Stahl's hill, and stakes between ten 
and twelve feet high above the ground, and some four inches in diameter, were 
also planted as marks, in addition to the stone monuments at the principal 
stations. These monuments varied from four to six feet above the ground, 
about two feet square on the base, and capped with a small pyramidical 
stone. 

The following is a list of monuments, stakes, their localities, and the dis- 
tances between them, as far as measured or obtained from their differences of 
latitude : 



STATIONS. 


Distance in 
feet. 


Latitudes. 


Fairfax stone monument 




39° 11^ 33^^ obs. 


Stake at crossing of North Branch, 


4131 

6816 

9302 

15243 

19704 

22246 

25273 

26672 

29961 

34082 

37956 

41617 

45857 

49554 

52591 

62833 

106544 

138922 

192751 




Stake on Arnold's hill 




Stake at crossing of Laurel run , 




Monument on Backbone , 


39° 14' 04'^ comp. 


Stake at crossing of first branch of Youghiogheny river, 
Stake on Freeland's hill 


Stake at crossing of main branch of Youghiogheny river, 
Stake on John Roth's hill , 




Stake at intersection of Horse-shoe road 




Stake on Hentze's hill 




Stake at intersection of Weill's road 

Stake at intersection of Reinhard's road 




Monument at intersection of turnpike , 


39« 19^06'' comp. 


Stake at intersection of road to Oakland 


Stakeon Stahl's hill 




Monument on Lauer hill 


39° 21' ^4'' obs. 


Monument on Snaggy hill 


39° 29' 06" obs. 


Monument on Fike's hill 


39° 34' 26" obs. 


Mason and Dixon's parallel 


39° 43' 18" obs. 







Distance from Fairfax Stone to Mason and Dixon's line, is 36.6 statute 
miles. 

On the 27tli of September last, I tad the honor to report to the commis- 
sioners that the last monument at the intersection of the western meridian 
line and Mason and Dixon's line on the 23d of the same month. The time 
occupied in tracing and marking the meridianal line was longer than at first 
calculated upon. The unpropitious weather at the commencement of the 
work during the latter part of June, and near the close of our labors from 
the 15th to the 22d of September often prevented all field work. Heavy 
rains at those times interfered very much with the progress of the survey. 
The dense growth of timber along the line, the excessively rugged nature of 
the country, much more so, than at first anticipated, the few cleared fields en- 
countered in consequence of the doubt as to the exact locality of the line ; the 
diflBculty of transportation and many other reasons — all caused a great deal 
of delay, and rendered the expenses of the work much greater than at first 
estimated for. I beg leave to inform the commissioners of the very able as- 
sistance rendered me by my assistants in conducting the field labors, in con- 
nection with the marking and tracing of the western meridian. I would also 
take this opportunity of oflicially informing them of the many acts of kind- 
ness shown myself and party by all whom we were so fortunate to meet, 
whilst prosecuting the duties to which, by your request, I have been assigned, 
and take this method to return our many thanks to them. 

Upon returning to Washington, my party were all discharged, retaining 
only Mr. de la Camp as draughtsman, to complete the unfinished maps of 
the Eastern Shore section. It will probably take until the end of the next 
January to finish them in toto. 

On the fourth of October, 1859, I submitted an estimate for office work to 
the commissioners, in connection with the plotting of the notes of the surveys 
during the summer. In reply, I was directed by them to suspend for the 
present any work upon the maps of the Western meridianal line. 

In conclusion, I would respectfully flEber for your consideration, an esti- 
mate for completing the field works on the western line, planting additional 
monuments, and to make the maps of said line ; also to trace and mark the 
Eastern Shore section. 

To complete Western section drawings, .... $3,000 00 
To complete field work on Western section, including marking of 

boundary, 1,900 00 

To complete Eastern Shore section 800 00 

Contingencies 300 00 

$6,000 00 



24 

This sum total, six thousand dollars, has to be divided between the two 
States, requiring from each the sum of three thousand dollars. The proba- 
ble time it will take to complete the field work and drawings is eight months ; 
and I would request that I may be enabled to commence operations at the 
very earliest convenient date. 

The above estimate is made, supposing the meridian line is the boundary 
line, or approximately for any other line of a proportional length, that may 
be adopted by the two States, as the nature of the country would in either 
case be similar. 

I am, gentlemen, very respectfully, 

Your ob't servant, 

N. MICHLER, 
Lieut. Top. Engrs. U. S. A. 
In charge of Survey. 
Angus W. McDonald, Esq., 

Commissioner for Virginia. 
Thos. J. Lee, Esq., 

Commissioner for Maryland. 



25 



Commission for Tracing the Boundary Lines between Maryland and Virginia. 

HoBKTOWN, Accom,ac County, Va., 

October 2, 1858. 
Sir, 

The commissioners desire that you proceed at once to obtain, by 
actual survey, as accurately as possible, a plat of. the old Scarborough line. 
traced some where about the year 1668, from near the mouth of the Poco- 
moke to the sounds near the sea ; and also a continuation of this line west- 
wardly, along and near the north shore of Pocomoke bay, to Tangier sound. 

It is supposed that there are still standing some old marks of the Scarbo- 
rough line, but that, nevertheless, when these marks do not exist, a close 
approximation can be had from the limits of the lands of those persons 
owning adjacent to it. 

You will please, therefore, ascertain as you progress, and mark on your 
plat, as nearly as you can, the names of the proprietors on each side of the 
line, with the limits of their tracts adjoining it, noting the parts of the line 
that are now acknowledged and adopted as such, and those parts that may 
be still in doubt. 

It is inferred, from documents in possession of the commissioners, that the 
commission of 1668 did not mark the line west of the Pocomoke, and that 
in all probability you will find no marks to guide you. You must, therefore 
be governed, in the direction of your line westwardly from the Pocomoke to 
Tangier sound, by the mean or average direction of the whole line on the 
east side of the river (the line dividing Worcester from Accomac). It is 
equally desirable to note, along this portion of your work, the names of the 
proprietara, and limits on said line of the lands of each, with the location of 
all dwellings and improvements adjacent, and also the limits of marsh and 
firm ground, upon the southern side of your line especially. 

As the preliminary step of the commissioners is merely to obtain the best 
local information, you will, to avoid misapprehension on the part of those 
interested, please explain to them the object of your survey. 

The originals of your notes and plat you will for the present retaip in 
your possession, subject to the future orders of the commissioners, and trans- 
mit to each of them a certified copy of the plat, with such explanations as 
you may deem essential. 

To carry out these instructions, you will be allowed to employ one assist- 
ant (a surveyor and draughtsman) at a compensation of four dollars per day 
for the time he may be employed, and such number of laborers as you may 
deem necessary, having strict regard to economy in your expenditures. 



26 

You will please submit an estimate of what amount of funds you will re- 
quire for the present. 

We are, sir, very respectfully, 

A. w. McDonald, 

CoraW for Virginia. 
THOMAS J. LEE, 

Com'r for Maryland. 
Lieut. N. Michlee, U. 8. Top. EngWs. 



Commission for Tracing the Boundary Lines between Maryland and Virginia. 

HoRNTOWN, Accomac County, Va., 

October 4th, 1858. 
Sir, 

At the conclusion of the preliminary examination you are instructed 
to make by our letter of October 2d, you will please proceed to the Fairfax 
Stone, at the head of the north branch of the Potomac, as ascertained and 
identified by us on the 19th September last, and prosecute, as far as the 
season will permit, such astronomical observations as may be requisite to 
determine the direction of a meridianal line from this point to the Pennsyl- 
vania line. 

As it is not probable that the whole of this line could be traced this fall, 
you will for the present confine yourself to the astronomical part merely, 
and to establishing as many distant points along the line as you may deem 
essential, as checks to the surveyors in tracing and marking the same. For 
which purpose you are authorized to retain the services of your assistant,, at 
the same compensation, and to employ such laborers as you may require. 

You will please also inform us of the probable amount of funds you may 
require for this service. 

We are, sir, very respectfully, 

A. w. Mcdonald, 

Com/mr for Virginia. 
THOS. J. LEE, 

Comm'r for Maryland. 
Lt. N. Michlee, U. S. Topo. Engo-s. 



27 

Baltimoee, Oct. 28tli, 1858. 
Sir, 

In addition to the instructions contained iu our joint letter of Oc- 
tober 2d, you will please extend your survey to that portion of islands in 
Chesapeake bay through which the Maryland and Virginia boundary is sup- 
posed to pass, between Watkins' Point and Smith's Point, so as to give the 
commissioners, as nearly as you can, the names of the landholders upon each 
side, with the extent of the lands of each along the line. 

And as it appears that the United States coast survey topography does 
not at present include what is now called the mouth of the Potomac river, 
you will please also include that in your survey. 

By joining these detached surveys with the nearest coast survey trigno- 
metrical point, we will be enabled, with the aid of that triangulation, to 
locate accurately upon a general map, if necessary. 

ANGUS w. McDonald, 

Commr on the part of Va. 
THOS. J. LEE, 

Commr for Maryland, 

Mr. Michler will please send each of us accurate copies of the above by 
mail. 

A. w. McDonald. 

Lt. N. Michler, 

TJ. S. Topo. Engrs. 



HoRNTOWN, Accomac County, Va., 

November 3d, 1858. 
Gentlemen, 

I have the honor to acknowledge the receipt of your addi- 
tional instructions, dated October 28th, 1858, Baltimore. A copy of them 
for each of you separately, accompany this communication, which will be 
sent to each individually. I reached this place on the 28th ultimo (Thurs- 
day), during the afternoon. On Friday morning the survey was commenced, 
but I was soon compelled to suspend operations. At 10 A. M. of that day 
a violent rain drove the party in, and continued unceasingly until Sunday 
morning. On Monday we worked all day, the weather being clear and 
warm. Yesterday morning (Tuesday) a northeast storm set in, and up to 
the time I write, there has been no cessation of rain. From present appear- 
ance, there is not much prospect of its clearing up. A eouiinenceiuent of 
the survey, at least, has been made; and, irom what I can learn, I am 



28 

convinced that there will not be much difficulty in progressing rapidly, as 
soon as the weather permits. My party consists of one assistant, Mr. John 
de la Camp, and five men as chainmen, rodmen, and instrument bearers, I 
will keep you advised, at every favorable opportunity, of the progress made. 
I am, gentlemen, very respectfully, 

Your ob't serv't, 

N. MICHLER, 
Lieut. Top. Engrs. U. S. A., 

In charge of Survey. 
Angus W. McDonald, 

Coiinmr for Virginia. 

Thomas J. Lee, 

Cotnmrfor Maryland. 



^■e^. DOC. No. XXVni. 



g^^ 



REPORT 



A <i-Ct y ■• 



.OP 



COL ANGUS w. McDonald, 



EELATIVE TO 



BOUNDARY LINES. 



MARCH 9th, 1861. 



EiJECUf IVE BEtARtMENT, 

March 8th, 1861, 
Gentlemm vf the 8enate and Blouse qf Delegates : 

Shortly after the adjournment of the last session of the General 
Assembly, I appointed Col. Angus W. McDonald, whom I considered well 
qualified for the service, an agent to proceed to England, and to " obtain 
from thence all record and documentary evidence tending to ascertain and 
establish the true lines of boundary between Virginia and the States of 
North Carolina, Tennessee and Maryland." I communicate herewith his 
able and elaborate report, which I commend to your consideration. 

JOHN LETCHER. 



REPORT. 



BiCHMOND. February 2, 1861. 
To his Excellency, John Letcher, 

Governor of Virginia : 
Sir, 

Under the resolution passed by the General Assembly of this Com- 
monwealth, on the 10th day of March, 1860, authorizing and requesting the 
Governor, if " he should deem it expedient, to send to England a competent 
agent, to obtain from thence all record and documentary evidence tending 
to ascertain and establish the true lines of boundary between Virginia and 
the States of North Carolina, Tennessee and Maryland," your excellency 
was pleased to commission me as such agent, and by your written instruc- 
tions of date the 22d of May, 1860, to indicate the service I was expected 
to perform. 

I now beg leave to report to your excellency the results of my mission. 

To make provision for its effectual prosecution, which, in the event of sick- 
ness or any serious accident to myself, might have been much interrupted, 
or possibly entirely defeated, I engaged my son William N. McDonald to 
accompany me ; and though never entirely disabled by ill health from the 
prosecution of my work, by his aid I have been enabled to accomplish at 
least double the amount of examination and research I would singly have 
made, and thus have greatly enhanced the value and increased the volume 
of record, documentary and historical matter which I have had copied ; and 
herewith return, neatly and substantially bound up, in nine volumes of 
manuscript, and one book of rare and valuable maps. 

We sailed from Boston on the 13th of June, and arrived in London on 
the 23d of the same month, by rail from Liverpool. 

At the instance of your excellency, I was furnished, by Mr. Secretary 
Cass, with a letter to the United States Minister in London (Mr. Dallas) 
and by the intervention of the Hon. James M. Mason, one of Virginia's 
Senators, with a very kind letter from Lord Lyons (the British Minister at 
Washington) to Mr. Hammond, under Secretary of State, in charge of the 
Colonial office of Great Britain. 

Through the kind interposition of Mr. Dallas and Mr. Hammond, the 
rigid forms by which all access to British archives are guarded, were as 
much relaxed in my behalf as was consistent with the requirements of Bri- 
tish laws ; but notwithstanding the favor extended to me, it was not until 



32 

the 14th of July (twenty days after my arrival in Loudon) that I could ob- 
tain permission to examine the archives of the State paper office. I mention 
this in no spirit of complaint, being, well persuaded that the difficulty of 
access to this extensive and invaluable depository has been the efficient 
means by which all that may authenticate the early history of Virginia is 
still preserved. 

So soon as I ascertained that some time would elapse before I would be 
suffered to enter the State paper office, I sought and very promptly obtained 
from the authorities in charge of the British Museum, permission fcr my son 
and myself freely to examine the almost unlimited stores of historical matter 
there collected, and under admirable conservative regulations made accessi- 
ble. There our time and labor until the 15th of July were spent, and amply 
rewarded ; and after that date, when, by the rules of the State paper office, 
our examinations there were suspended, we still pursued our work in the 
Museum. 

I was also permitted to examine the records of the Rolls office, in which 
I was successful in finding the record of the original charter or grant of 
Maryland to Cecilius (Calvert) Lord Baltimore, engrossed in the Latin lan- 
guage, a certified copy of which I have brought back with me, bound up in 
volume 8, page 34. 

Of this document (the charter of Maryland), more important in its bear- 
ing upon 'the question of boundary between Virginia and Maryland, than 
any other, I have obtained several copies, the one just mentioned from the 
Eolls office, authenticated by the official seal and the certificate of the assist- 
ant keeper of the rolls, I. Sharps. 

A second copy I obtained from a transcript of said charter, as the same 
now remains of record in the State paper office, in a book entitled " Mary- 
land," which, in July, 1723, was examined and corrected by the original 
charter to Lord Baltimore, under the great seal of England, which had 
been obtained from Lord Baltimore, through Mr. Beake, as by the endorse- 
ment copied from said book will be seen. 

[Anno 1723 is the same year in which a book containing another copy of 
said charter was printed, which I shall refer to again.] 

In this copy, (the second above named) were preserved, in the first entry 
of it (in the book from which I have had it copied) the abbreviations used 
in the Rolls office, in recording Latin charters of that and anterior dates ; 
which abbreviations (rendering the text liable to mistranslations) are written 
out in length in a difierent ink, showing the original as at first transcribed, 
and the emendations made by correcting from the original grant to Lord 
Baltimore, under the great seal. These abbreviations also appear in the 
copy obtained from the Rolls office, above mentioned. 

I made every efibrt to find the original grant itself. I sought out the 
representative of the Baltimore family, and finally discovered him a prisoner 



33 

for debt in the Queen's Bench prison, to which, some twelve years since, he 
had been transferred from the Fleet prison, after having been there confined 
for more than eight years. 

I obtained an interview with this gentleman, informed him of the object 
of my visit, which he appeared entirely willing to promote, and learned 
from him, after most minute enquiry, that the original charter had never 
come into his hands with the other family papers which had; that he had 
never seen it — never heard of it as being in the hands of any other person, 
and that he verily believed said original charter to be utterly lost or de- 
stroyed. I instituted other enquiries concerning it, which proved entirely 
fruitless. 

I obtained a (third) copy, not of said original charter, but, as by compari- 
son will be seen, of the record of said charter as the same was entered in 
the Rolls office. This I found printed, in a book printed in London, in 
1723, by John Basket, "printer to the King's most excellent majesty." 
This is the same year in which, as it appears by the entry iu the " Mary- 
land " book, before referred to, the transcript of the charter, as the same 
had been entered from a copy from the Rolls office, was corrected or amended 
by the original under the great seal. • 

This book purports to contain the Acts of Assembly passed in the pro- 
vince of Maryland, from the year 1692 to the year 1715, and the date of its 
publication was about eight years after the Crown had restored to the pro- 
prietor the government of that province. By the label on the back of this 
book, it would appear that it had originally belonged to the office of the 
Board of Trade ; and this indication of ownership is confirmed by the fact 
that four copies of it, still preserved in the State paper office, are shown by 
the minutes of that office to have been transferred to it from the Board of 
Trade ; from which it is fair to infer that this printed book of the laws of 
Maryland is the same which Thomas Bacon, compiler and publisher of the 
laws of Maryland, in about the year 1764, thus refers to in a note to the 
preface of his said publication : " I have seen (some time before I left Eng- 
land) in 1745, an edition printed in London, at Lord Baltimore's expense, 
as I have been informed, for the use of the Board of Trade, with the Latin 
charter prefixed ; but could never meet with a copy of it in this province, 
nor can I recollect the date it bears." 

A copy of Bacon's Laws of Maryland I have procured, and will return 
with this report. In it will be found, prefixed to the laws, what he assumes 
(upon the authority he there quotes) to be a copy in Latin of Lord Balti- 
more's charter, with a translation of the same into English. 

I also obtained from the British Museum a manuscript copy of an old 

printed pamphlet, entitled, "A Relation of Maryland, together with a map 

of the country, the Conditions of Plantation, and His Majesty's Charter to 

Lord Baltimore, translated into English," which appears, from its title page, 

5 



34 

to have been printed in London in the year 1635, and by its contents to have 
been written by an inhabitant of Maryland. This manuscript copy will be 
found bound up in volume 9, and commences at page 206 of that volume. A 
fac simile of the map in said pamphlet will be found in the book of maps, 
and numbered 4. 

One of the depositaries of this pamphlet, in London, as will be seen by 
the title page, was one Mr. William Peasely. Whether he is the same Mr. 
Peasely of whom Lord Baltimore makes mention, in a letter written by him 
to Mr. Secretary Windebank, as his brother Peasely, I could not ascertain. 
The Peasely spoken of in the letter, and mentioned as his Lordship's brother 
Peasely, was certainly a Catholic, and probably in that sense only designated 
as brother. 

The letter to Secretary Windebank will be found copied in volume 2, 
page 209. 

In this printed pamphlet there is not given any copy of the Latin charter 
of Lord Baltimore, and the pretended translation of it into English is not at 
all licensed by the Latin text, as the same is recorded in the Rolls office, or 
as the same stands recorded in the State paper office. 

Some such version, however, was necessary to give color to the claim of 
territory which the map in said pamphlet professed to picture. It will ap- 
pear from said map, as also from Smith's map of Virginia, published in 1612, 
that the head spring of the Little Potomac river (now called Potomac creek) 
was at that day supposed to rise further west than the head spring of the 
main river, both being then supposed to head on the eastern side of the Blue 
Ridge ; and by assuming that the Little Potomac was the river Potomac 
referred to in Lord Baltimore's charter, the amount of territory embraced 
within the charter calls, as the same had been rendered in said translation, 
would be largely increased, and the great river, as far as the same had been 
then explored and was known to be navigable, would fall entirely within 
the limits of those calls. 

I procured still another copy, or rather alleged copy, of Lord Baltimore's 
charter in Latin, and a translation of the same furnished by said Bacon, and 
promulgated under the authority of Lord Baltimore and the Provincial Le- 
gislature of Maryland, about the year 1764, as may be gathered from the 
contents of said book (the title page to it being without date or indication 
of the place where it was printed), in which I found it, and which book I 
have hereinbefore mentioned. 

The identity, in substance and similarity in language, between the English 
translation as given by Bacon and the one given in the pamphlet, entitled, 
"A relation of Maryland," in giving a description of the territory as em- 
braced in the calls of the charter to Lord Baltimore, justifies the conclusion 
that the latter was predicated upon a Latin version of the charter similar to 
the Latin one given in Bacon's book. 



35 

It will be seeh, by comparing the two, that the Latin text, as given by 
Bacon, is a plain and gross departure from the original, as found recorded 
both in the Rolls office and the State paper office. And but for these gross 
and patent violations of both the letter and spirit of the original grant, no 
reasonable doubt would ever have existed that the whole Potomac river, 
from its source, wherever fixed and whenever ascertained, to its mouth, was 
wholly without the limits of Maryland and within the bounds of Virginia. 

I have caused to be translated by Thomas Edlyne Tomlins, attorney at 
law and record solicitor of Lincoln's Inn Fields, London, so much of the 
Latin charter as the same is found recorded in the Rolls office, as describes 
the bounds of the territory thereby granted, which translation cannot be so 
interpreted as to permit the Maryland boundary along the bank of the 
river Potomac to be upon the Virginia shore — and more, it establishes, be- 
yond all plausible cavil, Point Lookout as the point from which the closing 
line of the descriptive calls is to be drawn over the hay to the head land 
called in the ' charter Watkin's Point, and mentioned as the beginning point- 
fortified, too, by the fact that the shortest line from Point Lookout to this 
head land, would reach it exactly at the point ascertained (by Lieutenant 
Michler, under the direction of the joint commissioners upon the boundary 
between Virginia and Maryland) to .be the initial point agreed upon (by 
Scarborough and Calvert, agents of the Crown and Lord Baltimore) in the 
year 1668 ; whereas, if the closing line were to be drawn from Smith's 
Point, on the south side of the Potomac river, the shortest line to this head 
land would strike it several miles south of said initial ijoint as ascertained 
by Lieutenant Michler. 

Mr. Tomlins was recommended to me as distinguished for his ability as a 
translator of ancient Latin records, and for his fidelity as a man. I doubt 
not that his work will justify those commendations. 

We have abundant evidence in Smith's and other histories, to prove the 
fact that the bank of the Potomac on the Virginia shore was occupied by 
•' enforted Virginians," cultivating the land (probably), but cer.tainly occu- 
pying the river itself with their vessels, carrying away the produce and 
keeping up annually trade and intercourse with the natives living on both 
banks of the river, for years before the date of the grant to Lord Baltimore. 
In the face of these facts, the charter would not have been construed to ex- 
tend to or, much less, embrace the southern shore of the Potomac, even if 
its language had been susceptible of such an interpretation. 

As bearing upon this point, I have found a copy of a " Report of the 
Lords committee of trade and plantations," made 13th of November, 1685, 
and the king's order thereupon, by which the now State of Delaware was 
adjudged to belong to William Penu (who had purchased the same from 
the Dnke ot York), upon the ground that " tho' clearly included within the 
boundary calls of Lord Baltiflxore'a paiept, it did not pass to him in conse- 



36 

quence of the fact that before the date of said grant, it was not uninhabited, 
except hy savages," as Lord Baltimore had described the territory to be which 
was embraced within the bounds set forth in his grant. Said report and 
order will be found in volume 8, page 162. 

In volume 2, page 128, will be found a copy of a paper preserved among 
the records of the State Paper Office, headed " Considerations upon the 
Patent to the Lord Baltimore," and dated June the 20th, 1632, the date of 
said patent, from which I make brief extracts, to wit : 

" 1st. Because the matter of the petition of the patentee, mentioned to be 
the motive and cause of the grant, is (viz :) that the region thereby granted 
was then uninhabited, and possessed of the barbarous heathen or savages." 
" It is not so, for in truth part of the said region had been formerly inhab- 
ited by his majesty's subjects which were sent over from the London colony 
of Virginia." 

" 5th. By the Lord Baltimore's patent, this election " [referring to a pro- 
vision in the fourth item not necessary to quote here] " is taken away, and part 
granted to him, viz : from Watkin's Point south, which is in the 38 degrees 
of latitude, to Le Ware's bay, which is in the 41 degree of latitude, or 
thereabout." 

In book eight, from page 242 to page 252, will be found copied the an- 
swers given by Lord Baltimore, dated the 26th of March, 1678, to questions 
propounded to him by the Lords' committee, &c., dated 10th of April, 1676, 
copied in same book, page 106 to page 110. 

In answering the tenth question. Lord Baltimore says: " The boundaries, 
latitudes and longitudes of this province are well described and set forth in 
a late map or chart of this province, lately made and prepared by one Au- 
gustine Herman, an inhabitant of said province, and printed and publiquely 
sold in London by his Majestie's licence, to which I humbly refer for greater 
certainty, &c." For the map here referred to, I made myself and caused 
others to make great search in every known depository in London, but could 
find no map authenticated as " Herman's." 

In Ogilby's America, which was published in London in 1671, I found a 
map of Maryland, which upon its face is said to be, " The atchievement of 
the right honorable Cecilius Calvert, Baron of Baltimore, &c. ;" having upon 
it also the Baltimore coat of arms. This is the only map in the book which 
was not taken by Ogilby from Montanus's History, a German work, from which 
Ogilby copied, and this may be the map to which Lord Baltimore referred in 
his said answer. It is, with very slight change, the same as the one which I 
have above referred to as found in the pamphlet entitled, " A Relation of 
Maryland." A fac-simile of each will Be found in the book of maps before 
mentioned. They both dot Lord Baltimore's south-western boundary on the 
south bank of the Potomac river ; continue it so dotted up said river (the 
first in point of time) to the little Potomac, and thence up it on its south 



37 

bank, as far as said stream is shown on said map. The second to what is 
now known as Acquia creek, and thence up it along its southern bank, as 
far as said creek is shown on said map. Both also lay down Watkin's 
Point as in latitude 3S°, and run the boundary line across Chesapeake bay 
from Smith's Point — the south bank of the Potomac at its mouth. 

The grant of the Northern Neck by Charles the Second to Ralph (Lord 
Hopton), Henry (Earl of St. Alban's), Lord Culpepper and others, in the 
first year of that king's reign, included, by express words, " The rivers 
Potowrnac and Rappahanock and all the islands within theit banks." This 
grant will be found referred to in first volume Revised Code, page 843, chap. 
89 ; it is also referred in a letter from King Charles the Second, of date 
March 30th, 1663, copied in volume 4, page 261, and therein mentioned as 
having been made in the first year of his reign — the commencement of 
which he was accustomed to date from the day of his father's death upon 
the scaffold. In this letter he described said grant as embracing all the land 
lying between the rivers Potowrnac and Rappahanock and the Chesapeake 
bay, " together with the rivers themselves and all the islands within the 
banJcs of said rivers." The southern boundary of Maryland, from Watkin's 
Point, on the Chesapeake bay. shore, across the peninsula to the Atlantic 
ocean was established by agreement between Col. Edmund Scarborough, 
acting for the crown, and Leonard Calvert for Lord Baltimore, in June, 
1668. The grant of Pennsylvania by Charles the Second to William Penn 
is dated the 4th of March, 1680-1. See a letter from Charles the Second to 
Lord Baltimore, dated April 2, 1681, copied in vol. 8, p. 145. 

In another letter from the same to Lord Baltimore, dated the 19th of Au- 
gust, 1682, copied in vol. 8, p. 147, the king says, in referring to an adjust- 
ment of the boundary between the grants to Baltimore and Penn : " The 
boundary between Pennsylvania and Maryland cannot by any method be so 
certainly effected as by an admeasurement of the two degrees north from 
Watkin's Point," " the express south bounds of your patent, and already so 
settled by commissioners between Virginia and Maiyland," &c., and further 
says, " willing and requiring you that with all possible speed, upon the re- 
ceipt hereof, to proceed to determine the northern bounds of your province, 
as the same borders on Pennsy-lvania, by an admeasurement of the two de- 
grees granted in your patent, according to the usual computation of sixty 
English miles to a degree, from the south bounds of Maryland, as the same 
are already settled by commissioners, as is above mentioned." 

So that Watkin's Point, where the same is crossed by the line between 
latitude 38° and 39° north of the Equator, is the true southern boundary 
line of Maryland across the peninsula to the Atlantic ocean ; and thus set- 
tling the southern line of Maryland to be said line of latitude 88°, and al- 
lowing sixty English miles to a degree, as intended by the king's charter to 
Lord Baltimore. Mason's and Dixon'a line came to be fixed at 39° 43' 18" 



38 

north of the Equator, instead of on the 40° of north latitude, as claimed 
by Lord Baltimore upon the two maps I have made reference to above. 

Besides the records and documents I have specially noticed, because of 
their direct and authoritative bearing upon the subject of Virginia's 
boundary line, many others will be found copied which fortify and confirm 
the former. 

I will call attention to but one ; it is a complete copy of the proceedings of 
the General Assembly, begun at James City, October 1st, 1G85, and pro- 
rogued to November, and continued till the 13th of December, 1685. 
Among the proceedings of this Assembly will be found a copy of those upon 
a bill introduced and passed, to establish ports in the four great rivers of 
Virginia, &c., by which it will be seen that at that time the provincial As- 
sembly claimed jurisdiction of the Potomac river. See vol. 7, page 310 to 
420. In addition to the two maps mentioned as promulgated under the 

auspices of Lord Baltimore, I procured some forty-six others, about of 

which bear certain and definite testimony to the fact that the Maryland line, 
along the Potomac river, was always considered by those having the matter 
in their official charge, and therefore most likely to know and regard the 
truth, to be on the northern bank of said river. Many of these forty-six 
maps were deemed worth preservation to show how little was known of the in- 
terior of the territory of" both Virginia and Maryland above the flow of the 
tides, prior to the actual survey of the " Northern Neck" under the mandate of 
the crown, made in 1736 and completed and officially reported in 1747. The 
testimony taken and preserved during the progress of this survey, establishes 
the fact that it was not untill after the year 1715 that any reliable in- 
formation was obtained to show that the Potomac river had its source west 
of the Blue Ridge. 

I call the attention of your excellency to some of the more important of 
these maps, upon which the boundary line along the Potowmac river sepa- 
rating Virginia from Maryland, is dotted along the northern shore of that 
river, from Point Lookout to the head spring of the north branch of the 
Potowmac. The one numbered 24, in the book of maps made by John 
Mitchell, was commenced in 1750, three years after the official report of the 
survey of the Northern Neck. Among other evidences of its authenticity 
appearing on its face, I quote the following : 

"This map was undertaken with the approbation and at the request of 
the Lords Commissioners of Trade and Plantations, and is chiefly composed 
from drafts, charts and actual surveys of different parts of his majesties col- 
onies and plantations in America, great part of which have been lalely taken 
by their lordships' orders, and transmitted to this office by the Governors of 
the said colonies and others. 

" JOHN POWNAL. 

" Plantation Office, February 13, 1755." 



m 

Map No. 25, follows Mitchell's, and was published the same year upon a 
small scale for same magazine. No. 28, by T. Bowen, dots the boundary of 
Maryland along the Potowmac on the northern bank. 

Nos. 29 and 30 show nothing in relation to the lines between Virginia, 
but is very valuable and interesting, and worthy of note as a fac-simile of 
" Mason's and Dixon's line," as the same is preserved in the State Paper 
Office in London. 

No. 31, Sayer and Bennett's map, printed in London, in 1776, dots the 
Maryland boundary on the northern bank of the Potowmac. 

No. 33, by T. Kitchen, follows Mitchel's No. 24, and Sayer and Ben- 
nett's No. 31. 

No. 34, Carver's map, published in 1776, gives the same boundary to Ma- 
ryland along the Potowmac. 

No. 35, follows Mitchell's, No. 24, and was published in 1769, and cor- 
rected from the original materials of Governor Pownal, member of Parlia- 
ment. 

No. 38, made in 1783, according to the articles of the definitive treaty of 
peace between the United States and Great Britian. As to the boundary 
between Virginia and Maryland along the Potowmac, it follows Mitchel 
No. 24. 

No. 39, Eman Bowen's map, dots that line along the northern bank of 
the Potowmac river. 

No. 41, Faden's map, published in 1796, dots the same at and near 
the head. 

No. 42. — A very neat and apparently accurate map of the United States, 
the Canadas, &c., made in Paris, under the direction of the French Gov- 
erment, lays down the south boundary of Maryland along the Potowmac 
from the the District of Columbia to the head of that river, along the north- 
ern bank ; below the District the line is not dotted, but the color of Mary- 
land comes down to Point Lookout. This map was printed in Paris in 
1812. 

No. 13, is a fac-simile of the map returned by the commisioners appointed 
to run and settle the boundary line between Virginia and North Carolina. 
In the State Paper Office I found a reference to the field notes taken and re- 
turned by the surveyors who ran this line, and other documents relating to 
the work ; all which I directed to be copied and sent to me. I paid in ad- 
vance for the copies and have the written undertaking of the clerk who 
is to do the work, that the manuscript should be forwarded to me through the 
hands of Mr. Dallas, the American minister at London. I have not yet re- 
ceived it, but have no doubt I shall. 

In confirmation that the charters, documents and maps referred to estab- 
lish the bounds of Maryland as not including the Potomac river, or any part 
of it, below ordinary high-water mark, the acts hereinafter referred to 
show that Virginia claimed and exercised exclusive jurisdiction over the Po- 



40 

tomac river, as far up as the banks of the same were seated, until the com- 
pact with Maryland in 1785, by which Virginia granted to that State 
certain rights in said compact set forth. It was not until October, 1673, 
that the attention of the Colonial Legislature was directed to the subject of 
establishing ferries, and the first and only steps taken was to provide for 
the appointment of commissioners to fix upon suitable points at which to 
establish /ree ferries, who were to report to the next general Assembly. — 2d 
Hen. St. at L., p. 310. 

The next act of which we have any account, was in August, 1702, " for 
the regulation and settlement of ferries," &c. — Hen., vol., 3, p. 218. 

The next act will be found in the same volume, page 469, a portion of the 
preamble to which is in these words, " Whereas, a good regulation of ferries 
in this Her Ifajestys Colony and dominion, will prove, &c. By this act 
many ferries were established over James, York and Rappahannock rivers, 
and one over Potomac river, in these words, " In Stafford county, from Col. 
William Fitzhngh's landing in Potowmac river, over to Maryland," &c.,page 
473, same volume 3d. By the third section of this act, it is enacted " that 
where a ferry is appointed by this act on one side of the river, and none on 
the other to answer the same, it shall and may be lawful for the county 
courts, in such a case, to appoint an opposite ferry, and order and allow the 
prices directed by this act." 

Section 8, of same act, imposes a penalty upon any " person whatsoever, 
who shall for reward (except necessity of a parish require it for going to 
church) set any person or persons over any of rivers wheron ferries are or 
shall be appointed by virtue of this act." 

By an act passed in 1720, " for settling new ferries," &c., within the colony 
and dominion of Virginia, one new ferry was established on " Potowmack 
river, from Col. Eice Hoe's to Cedar Point, in Maryland. See 4 Hen. Stat. 
L., page 93. 

Ey an act passed May, 1732, vol, 4 H. S. L., p. 362, another ferry was 
established " on Potomac river, just below the mouth of Quantico creek, 
over the river to the landing place at Col. George Mason's, in Maryland." 

Another, by an act passed in 1734, H. St., vol. 4, p. 438, on Potomac river, 
" from Robert Lovell's, in the county of Westmoreland, across the river to 
Maryland," &c. 

Another, by an act of the 17th of November, 1738, Hen. St., vol. 5, p. 66, 
was established over Potomac river, " from the plantation of Francis Aubrey, 
in the county of Prince William, over to Maryland. Two others were es- 
tablished by an act of May, 1740, Hen., vol. 8, p. 104. One on Potowmac 
river, from the plantation of John Hereford, in Doeg's Neck, in the county 
of Prince William, over the river to the lower side of Pamunkey, in Prince 
George's county, in Maryland. 

Another, from Hunting creek warehouse, on the land of Hugh West, in 
Prince William county, over the river to Frazier's Point, in Maryland. 



41 

Anotlier was established by an act of May, 1743, Hen., vol. 5, p. 189, on 
Potomac river, from the land of Ebenezer Floyd, in the county of Fairfax, 
across the river to Powell's landing, in Maryland. Another, by an act 
passed in September, 1744, Hen., vol. 5, p. 249, on Potomac river, from Evan 
Watkin's landing, opposite the mouth of Canagochego creek, to Edmund 
Wade's land, in Maryland. Two others were established by an act of Feb- 
ruary, 1745, Hen., vol. 5, p. 364, to wit : " On Potowmac river, from the 
land of William Clifton, in Fairfax county, over the said river, to the land 
in the tenure of Thomas Wallis, in Prince George county, Maryland," &c.» 
" and from the land of Hugh West, in Fairfax county, over the said river, 
either to Frazier's or Addison's landing." 

By an act passed in October, 1748, Hen., vol. 6, page 18, at least two ad- 
ditional ferries over Potomac river were established, to wit : " From the 
land of William Russell, on Sherendo cross, into the fork or cross the main 
river." 

The second, " from the plantation opposite to Rock creek over to Mary- 
land." 

By an act passed in November, 1753, Hen. St., vol. 6, p. 375, another 
ferry was established " on Potomac river, from the land now in possession of 
John Posey, in the county of Fairlax, across the said river to the land of 
Thomas Marshall, in Maryland." 

By act of May, 1755, Hen., vol 6, p. 494, two new ferries were established, 
to wit : " From the land of Thomas Swearingen, in the county of Frederick, 
over Potowmac river, to the land opposite thereto, in the province of Mary- 
land ; and from the land of Lawrence Washington, in the county of Staf- 
ford, over the said river, to the land opposite thereto, in the province of 
Maryland. 

By act of April, 1757, Hen., vol. 7, p. 126, the following new ferries over 
Potomac river were established, to wit : 

From the land of George Brett, in the county of Prince William, over 
Potomac river, to the land of Roger Chamberland, in the province of Mary- 
land, &c. Second, from the land of Josiah Clapham, in the county of Fair- 
fax, over Potomac river, to the land on either side of Monochisey creek, in 
the province of Maryland. 

In 1759 — Hen. vol. 7, p. 299 — a new ferry from the land of Wm. Tyler, 
in the county of Westmoreland, over Potowmac river to Cedar Point, in 
Maryland. 

In 1761 — Hen. vol. 7, p. 401 — a new ferry "from the land of Robert 
Harper, in the county of Frederick, over Potowmac river, to his land on the 
opposite side, in the province of Maryland, was established." 

In 1764 — Hen, vol. 8, p. 44 — a new ferry was established from the land 
of George Wilson Spooner, in Westmoreland coudty, over Potowmac river 
to Cedar Point, in Maryland. 
6 



42 

In 1865 — Hen. vol. 8, p. 146 — an act passed to establisli a new ferry from 
the land of Thomas Shepherd, in the town of Mecklenburg — now Shepherd's 
town — in the county of Frederick, over Potowmac river to his land opposite 
thereto, in the province of Marj^land. 

[Vol. 8., p. 263 — this ferry was discontinued at later session, 1766, as inter- 
fering with Swearingen's.] 

A new ferry was established in 1866 — Hen. vol. 8, p. 198 — "from the 
land of Elizabeth Cook, in Stafford county, below the mouth of Chapawam- 
sick creek, across the river Potowmac to the land of Clement Kennedy, in 
Maryland." 

In November, 1769 — vol. 8, Hen., p. 368 — a new ferry was established 
from the land of Benjamin Foreman, in the county of Frederick, over Po- 
towmac river, to the land of the right honorable Lord Baltimore, in Mary- 
land ; another. 

From the land of Thomas Aubrey, in the county of Loudon, across Po- 
towmac river, to the land of James Hook, in Maryland. 

In February, 1772 — Hen. vol. 8, p. 554 — a new ferry was established from 
the land of the right honorable the Earl of Tankerville, in Loudon county, 
&c., over Potowmac river, to the opposite shore in Maryland. 

In 1678 — Hen., p. 546 of vol. 8 — a new ferry was established from the 
land of Abraham Shepherd, in the county of Berkeley, over Potowmac 
river, to the land of Thomas Swearengen, in the State of Maryland. 

In 1678 — 8th vol. Hen. S., p. 585 — two new ferries were established, to 
wit : " From the land of the Earl of Tankerville, in the county of Loudon, 
across the Potowmac river, to the opposite shore in the State of Maryland ;" 
and from the land of Thomas Noland, in the county of Loudon, across Po- 
towmac river, to the land of Arthur Nelson, in the State of Maryland. 

In October, 1785, a new ferry was established — Hen. vol. 12, p. 83 — from 
the land of John Turberville, known by the name of Dial's Landing, in the 
county of Fairfax, across Potowmac river, to the opposite shore in the State 
of Maryland. 

In 1786, October — Hen. vol. 12, p. 403 — a new ferry was established from 
the land of Thompson Mason, deceased, in the county of Loudon, across Po- 
tomac river, to the land on the opposite shore in the State of Maryland. 

All the ferries above named, except the two last, were established by acts 
passed prior to the compact between the States of Virginia and Maryland, 
which was ratified in October, 1785. — See Hen. Sts., page 50-55 of 12th 
vol. 

It will thus be seen that, up to the date of the ratification of the compact 
between Virginia and Maryland, as many as twenty-eight ferries had been 
established by acts of the Legislature of Virginia over the Potomac river to 
Maryland, most of them below, and many above the flow of the tides. 

So far as I can ascertain from the published laws of Maryland, not one 
ferry across the Potomac river was established by Maryland op to the year 



43 

1781. In November of that year an act was passed by the Legislature of 
Maryland, entitled, "An act to regulate public ferries," which enacted, 
"that the justices of the several county courts be authorized and required, 
at their respective March courts, during the continuance of this act, to grant 
their license to an inhabitant of their county to keep a public ferry at any 
place within the county now used as such, if said justices shall think that a 
public ferry ought to be there kept and established, and from such place to 
any other county, or from this to any other State," &c. — See Kitty's Law of 
Maryland, vol. 1st, Anno 1781, chap. 22. 

Whether any ferries have been so established over the Potomac river since 
the passage of this act, I am unable to ascertain from any publications to 
which I have access. 

Since 1785, many additional ferries have been established, by acts of the 
Virginia Legislature, over the Potomac river to Maryland, both above and 
below tidewater. In volume second of the Revised Code of 1819, page 243, 
will be found a list of ferries over Potomac river and its branches, then 
recognized and regulated by law. In this list will be found most of those 
above mentioned and others subsequently established. 

I have not thought it necessary to trace down, through still later years, 
the enactments of Virginia in regard to ferries over the Potomac river, evi- 
dencing her exercises of jurisdiction in that form over the said river. 

In 1667, the Colonial Legislature of Virginia passed an act entitled, "An 
act ion fortes to be built in each river." By the provisions of this act, among 
others, one fort was required to be built in " Potowmac river at Yehocomi- 
co ;" and the act goes on to provide and require that, " within command of 
which forts, all ships trading to those respective places may conveniently 
and in all probability securely ride and load. Other provisions of said act 
show that Virginia, through her Colonial Legislature, then claimed and ex- 
ercised jurisdiction over the Potomac river. 

Anno 1691, the Colonial Legislature passed an act entitled, "An act for 
ports," &c. By royal mandate, the operation of this act was suspended by 
act of 1692-3. — Vov. 3, p. 108-9. By which, among other things, it is en- 
acted, "that from and after the 1st of October, 1692, all ships, &c., arriving 
into or going out of this country for trade, shall load and unload at some one 
or other of the peaces hereinafter mentioned in this act, under penalty of 
the forfeiture of the vessel," &c. ; and by a subsequent clause, the following 
places ase named as ports for the counties of StaflFord, Lancaster, Northum- 
berland and Westmoreland : 

For Stafford, on the land where Captain Mallacly Peale now liveth, called 
Potowmac Neck, 

For Lancaster, on the land where Mrs. Hannah Ball now liveth, situate 
on the western side of the mouth of Corotoman river. 

For Northumberland, on Chicacon's river, being the land of Mrs. Spencer 
Mottsom, formerly laid out for a town according to a former act. 



44 

For Westmoreland, on the land of Oapt. William Hardidge, where he now 
liveth, on the mouth of Nomini, a place formerly appointed by law. See 
Hen. Stat., vol. 3, pages 53-69. 

In October 1705, an act was passed concerning ports, by which Yoho- 
comico, upon the land of Richard Tidwell, in Westmoreland, and Potowmac 
creek, at the town land in Stafford, were established as ports on Potowmac 
river — the former to be called Kingsale, and the latter Marlborough. See 
Hen. vol. 8, p. 415-417. 

This act provides in effect, that the ports therein named should be the 
only ports from which vessels should clear, or at which vessels coming in 
should enter. 

And so stood the law in relation to ports on Potomac river, from 1705 
until May, 1784, when an act was passed by the Legislature of the State, 
entitled, "An act to restrict foreign vessels to certain ports within this Com- 
monwealth." Section second of this act provides, " that all vessels from 
foreign ports, not owned by citizens of this State, should enter, clear out, 
lade and unlade at the following places, to wit : Norfolk and Portsmouth as 
one port ; Bermuda Hundred, Tappahannock, Yorktown and Alexandria, 
and at no other ports or places therein," &c. See Hen., vol. 11, p. 402-3-4. 

The act of May, 1784, was amended by an act passed in October, 1786 — 
Hen. vol. 12, p. 320 — by distinguishing between ports of entry and clear- 
ance and ports of delivery. Section second, among other things, provides in 
these words " for the district of South Potowmac, for all vessels coming from 
or going to sea, or any part of the Chesapeake bay, or any part of the Mary- 
land shore below Point Lookout, at the port of Yocomico ; all vessels coming 
from or going to any part of the Maryland shore above the said point Look- 
out, at the said port of Yocomico, or at the port of Alexandria. 

Section third, relative to "ports of delivery " is (concerning the Potowmac 
river) in these words : " For the district of Potowmac river, the ports of 
Alexandria and mouth of. Quantico." 

The above act was amended by an act passed the 5th of January, 1788, 
(from which see 12 v. Hen. St., p. 434) in several particulars ; among others, 
Yocomico was added to the number of " ports of delivery for foreign vessels 
for the district of Potowmac river ; and Yocomico, mouth of Quantico and 
Alexandria, were made ports of delivery for vessels of the " United States 
for the district of Potowmac river," &c. 

Section seven provides that "All masters of vessels coming into this Com- 
monwealth shall be obliged to make a true and just report to the naval offi- 
cer, at the lowest port of entry upon the river they shall be bound to, except 
the river Potowmac, of all cargo," &c. 

In 1788, January 7th— Hen. vol. 12, p. 438-9— an act passed the Vir- 
ginia legislature entitled, "An act to amend the several Acts of Assembly 
concerning naval officers and the collection of duties," which, among other 
t)iings, provides, by sectio.a second, that there shall be a naval officer for the 



45 

" district of South Potowmac,'" who shall reside (by section three) at Yocom- 
ico or Alexandria. Section seventeen is in these words : " Nothing herein 
contained shall be construed to affect, or as being intended to effect the rights 
and obligations arising under the act of the General Assembly entitled, "An 
act to approve, confirm and ratify the compact made by certain commission- 
ers appointed by the General Assembly of the State of Maryland, and com- 
missioners appointed by this Commonweaiith. And thus stood the laws of 
Virginia at the time of the adoption of the Constitution of the United States, 
in regard to ports upon the Potomac river. 

Pilots and ports could only relate to the tidewater portion of the Poto- 
mac ; ferries pertained to the river above as well as below tidewater, and in 
regard to all three of these subjects, it is manifest that Virginia legislated as 
the sole and only rightful claimant of the river, and consistent with such 
claim of right in herself, and inconsistent with any just claim or acknow- 
ledged right of Maryland, in the year 1772 — Hen. vol. 8, p. 570 — we find 
an act of the Virginia Legislature entitled, "An act for opening and extend- 
ing the navigation of the river Potomac from Fort Cumberland to tide- 
water." All the provisions of this act show that Virginia was legislating 
upon the subject as the sole rightful owner of the whole river Potomac, 
from its mouth to its source. 

I have carefully examined the statute laws of Maryland, from 1635 to 
1781, as the same are to be found in Bacon's Laws of Maryland, reaching 
down to 1764 ; and Ketty's Law, reaching down to 1781, and to a later 
date. 

In Bacon's Laws, A. D. 1706, chap. 14, the title of an act is given, to wit: 
"An act for the advancement of trade and erecting ports and towns in the 
province of Maryland," on which the publisher (Bacon) makes this note: 
" N. B. — This act with its supplementary of 1707, chap. 16, and its addi- 
tional supplementary act of 1708, chap. 3, being disallowed by her Majesty, 
are no longer in force ; but as they are referred to by the act of 1715, 
chap. 32, and all property obtained under them confirmed by that act, it is 
thought expedient to give an extract of such parts of these disallowed laws 
as private property may in any wise depend upon. 

By the terms of these acts, " St. Mary's town in Potowmac " is named 
as one of the ports which these acts proposed to establish, and though named 
as in Potowmac, was, in fact, several miles from the shore of that river; being 
upon St. Mary's river, some two or three miles from its mouth ; and, of 
course, within the jurisdiction and boundary of Maryland, and by a short 
portage accessible from Patuxent river. 

By the act of 1707 aforesaid, " Nanjemye " (which I shall have occasion 
to notice again when I come to refer to the pilot laws by which the Poto- 
mac river was governed) was established as a town on Potomac river, on 
the upper side of Nanjemye creek, and made one of the members of 
the port of St. Mary's, as were all other towns in Potomac river," with the 



46 

rivers, creeks and coves thereunto belonging. These three acts of 1706, 
1707 and 1708, above referred to, were the only legislative attempts made 
by the province of Maryland to establish ports in the Potomac river ; and 
they having been dissented fronn by the crown, such ports were not estab- 
lished from the time of such dissent. 

I do not find, either in Bacon's works or in Kitty's Laws of Maryland, 
any further attempt made by the Provincial or State Legislature of Mary- 
land, down to the year 1785, to establish ports in the Potomac river. 

I will now call attention to the acts of the Colonial and State legislatures 
of Virginia, in reference to pilots and pilotage in the said river Potomac, in 
reference to which subjects Virginia alone exercised jurisdiction and author- 
ity over the whole river from its mouth to the head of the tides. 

The first general law upon the subject which I have found, was passed 
in May, 1755, and will be seen in the sixth volume of Hening's Statutes at 
Large, page 490, and is entitled, "An act for establishing pilots, and regula- 
ting their fees." 

I quote a portion of the preamble : 

Whereas, it is necessary, for the safety and preservation of ships and ves- 
sels coming into the bay of Chesapeake, bound up the rivers of this Domiu' 
ion, that able and experienced pilots, &c. 

Section second provides that the Governor should appoint all such pilots. 

Section third imposes penalties on any and all who shall presume to act as 
pilots to any of the places named thereinafter, without a branch from the 
Governor of Virginia. 

Section seventh fixes the fees or rates to be charged to the several places 
named ; and those of Potomac river I quote : 



"On Potowmac Miver, 







£ 


s. 


d. 


*' From Cape Henry 


to Smith's Point on South Potomac, 


5 








" Smith's Point to Coan, per foot, .... 





1 


6 


IC l( (( 


Yeocomico, per foot, . 





1 


7 


i( (( (( 


Nomini, "... 





1 


8 


II 11 <l 


Maddox, "... 





2 





" " " Upper Machodac, per foot, 
" *' " Nangomy, " 

Boyd's Hole, 
•' " " Quantico, " . . 
" " " Alexandria, " 
*'And the same fees back to the capes." 









2 
3 
4 
4 
6 


3 
6 

6 
6 



Now, Nangomy is the same place called Nanjemye in the Maryland act 
to establish ports and towns, in 1706, before referred to. 
In 1762, another act with a similar preamble,, was passed, prescribing the 



47 











£ 


s. 


d. 





2 
















4 


9 













5 


4 













6 


4 













8 






mode in which pilots should he examined and appointed by commissioners 
from counties named in the act. Among those named are Westmoreland, 
Lancaster and Northumberland ; and by section seventh of said act, the 
points on the Potomac river are named, and the charges to each fixed; and 
in this list of places, five additional places are named to those in the first act 
referred to. — See for act, vol. 7, page 584, Hen. 
To wit: 

To Machodax, 
Acquia, 
Occoquan, . 
Piscataway, 
Eastern Branch, 

The last named place was and is certainly in the State of Maryland, and 
so, too, was Piscataway, I presume, as a creek of that name is laid down on 
the map of the Northern Neck, at a short distance above Occoquan, and on 
that map no creek or town by that name is laid down on the Virginia shore 
of Potomac above Occoquan and below Alexandria. 

In May, 1778, the Commonwealth of Virginia passed an act " vesting 
powers in the commissioners of the navy for varying the rates of postage." 
See Hen.', vol. 9, p. 470. 

In 1783, Hen., vol. 11, p. 185, will be found another act with a preamble 
similar to the one already quoted, and in no material respect changing the 
provisions of the first act referred to, but leaving out one or two of the points 
on the river Potomac to which fees were regulated, embraced in previous 
laws, but still retaining the names of Piscataway, Nangomy and Eastern 
Branch. Other acts may be found in vol. 11, but not worthy of note in this 
connection. 

After the cession of Alexandria, as part of the District of Columbia, Vir- 
ginia permitted the power of appointing pilots for the Potomac river to es- 
cape from her hand, but since its retrocession, she has resumed that power 
and all others connected with that subject, and now alone exercises it without 
deferring to Maryland. 

The resolution under which the mission was authorized, required that the 
expenses of it should not exceed two thousand dollars. Of that amount the 
necessary expenditures have been kept within the limits of eleven hundred 
dollars, including land and sea passages to England and back. The residue 
of the sum, together with two hundred and seventy-five dollars of private 
funds, have been expended in the procurement of the books, maps and man- 
uscripts of which mention has been made. 

All of which is most respectfully submitted to your excellency by 

Your obedient servant, 

A. w. McDonald. 



/o 



